US President signs Tibetan Policy and Support Act, stalls China from installing its own Dalai Lama

News Network

December 28, 2020

Washington, Dec 28: US President Donald Trump has signed the Tibetan Policy and Support Act (TPSA) of 2020 into law, thus, stalling China from installing their own Dalai Lama.

On Sunday (local time), Trump signed into law, "H.R. 133, an Act making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes."

With the TPSA becoming a law, Lobsang Sangay, President of the Central Tibetan Administration, took to Twitter and said, "History made again! President Trump signs the Omnibus bill, which means the Tibetan Policy and Support Act of 2020 is now LAW!"

The US Congress had on December 21 passed the TPSA of 2020, which has been included in a government spending bill, could become another source of friction in the already strained ties between US and China, Kyodo News reported.

In February this year, the House of Representatives had unanimously passed the Bill to strengthen policy in support of Tibet, a move that was reciprocated as "encouraging and empowering" by the representatives of the Himalayan Buddhist region that has been under the control of China for several decades.

The spiritual leader has exiled himself in India ever since the rebellion against the Chinese rule in 1959. The Dalai Lama is known for his messages of unity and compassion.

The Dalai Lama institution has existed for more than 600 years, during which there have been changes. On the religious level, the US does not have and neither do Chinese who are not Tibetan Buddhists, the right to interfere with the decisions regarding the succession of the Dalai Lama, which absolutely rests with the Dalai Lama, Tibetan Buddhist leaders and the people of Tibet.

The 14th Dalai Lama has dealt with all Chinese Communist Party (CCP) leaders, from Mao Zedong to Xi Jinping, and is in a unique position to not only have a deep understanding of the complexities of Chinese leadership but also to stay ahead of them in the geopolitical game between Beijing and Dharamshala.

The present Lama has further stepped up his game over the past few years.

As China prepares in its own thorough manner to identify the 15th Dalai Lama -- the reincarnation of the current, 14th Dalai Lama -- the simple monk has let loose a series of statements meant to confuse, and Beijing seems to be reeling from the impact.

China has been planning to use the archaic Golden Urn process (draw of lots) to identify the next Dalai Lama as if choosing the head of the religion with the largest following in China is a matter of a lottery.

But the Dalai Lama has been pointing towards a denunciation of this process for a long time. The Buddhist spiritual leader has repeatedly pointed out that the Golden Urn process would not apply to his reincarnation, and that the traditional method of leaving a letter containing signs would be followed.

However, putting the Chinese leadership back into confusion, the Dalai Lama has, in interactions with media and common devotees, said the institution might end with him (which atheist China opposes), or there might be a female Dalai Lama, and even that the system of reincarnation is a feudal one.

Beijing, as per information coming from the Buddhist Association of China (BAC), the officially sanctioned body dealing with the religion, has asked it to dive into the archives of Tibetan Buddhism, in all parts of China, to gather documents relating to the reincarnation process.

The Dalai Lama, for now, is in good health. During the Long Life offering ceremony at Gaden Jangtse Monastery in India at the end of last year, the leader had declared that he will be living until the age of 113 -- by which time another couple of generations of the Chinese Communist leadership will have come and gone.

Apart from scientific grounds, maybe the Lama's declaration of his living for another 22 years is a subtle way to express his confidence that he will outlive the Chinese communist regime.

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‘Officials to pay from salary’: Supreme Court issues guidelines on ‘bulldozer justice’

News Network

November 13,2024

New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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